Tag Archives: torture

The Use of Torture in Afghanistan

Construction_in_Tarin_Kowt. Image from wikipedia

Military police at Australia’s detention centre in Afghanistan were pressured to make prisoners more “pliable” by gagging them, depriving them of sleep and denying them exercise.Sources with first-hand knowledge of the detention centre at Tarin Kowt have said that senior officers from Australia’s special forces, as well as the “force exploitation team” – defence intelligence – and the mentoring taskforce, pressed the detention management team to “condition” suspected insurgents before interrogation.A source said the pressure was “strongly resisted” by the detention management team and the gagging and other techniques were not carried out. The account by multiple sources is among a number of claims that contrast with assurances this week from Defence Minister Stephen Smith that Australia “approaches its responsibility for treating detainees with dignity and respect with the utmost seriousness”.

A young male detainee who was deaf mute and possibly intellectually disabled was held in the centre because of pressure from the Special Operations Task Group, despite concerns from medical staff that he was not fit to be detained.  A senior Afghan intelligence officer, a Colonel Hanif, complained vigorously that detainees were being transferred from Australian to Afghan custody on scant evidence that they were insurgents.  The Defence Force denied a teenage boy access to his dying father, a suspected insurgent who had been shot in a battle with Australians. The boy was allegedly turned over to US interrogators, though the ADF denies this.

The claims relate to 2010 and 2011, after Australia took responsibility for managing detainees in Oruzgan province from the withdrawn Dutch troops…..But Fairfax Media has been told that in the first year Australia was running the detention system, tensions flared between the military police who managed the detainees and the forces who captured and interrogated them.  One source said: “We had two very conflicting sets of guidelines: one was to treat them humanely but the other was the pressure from the SOTG [Australian Special Operations Task Group]*** and intelligence guys who wanted us to condition them in such a way as to make them more pliable … so their state of mind was conducive to interrogation. “They wanted us to gag and hood the detainees to stop them from talking to each other.

Excerpt, David Wroe, Deborah Snow,Military police pressured to make prisoners more ‘pliable’,  Sydney Morning Herald, May 18, 2013

***Special Operations Task Group (SOTG)  The Australian Special Operations Task Group (SOTG) is deployed to Southern Afghanistan to conduct population-centric, security and counter-network operations. At around 300 personnel, the SOTG is one of the largest, most potent Special Forces units in Afghanistan. The SOTG is primarily based in Multi-National Base Tarin Kot but has command and liaison elements in Kandahar and Kabul. It consists of approximately 300 personnel from the 1st and 2nd Commando Regiments, the Special Air Service Regiment, the Special Operations Engineer Regiment, the Special Operations Logistic Squadron, and various other services, units and commands around Australia.  The SOTG trains, mentors and partners with Afghan National Police officers from the Uruzgan Provincial Response Company (PRC) and other branches of the Afghan National Security Forces, in order to build their capacity and capability to establish and maintain security and stability in the region.SOTG operations are Afghan Police led in order to build confidence in the ANSF and improve the connection between the local people and the Afghan Government.  The Task Group also works closely with the co-located CT-U providing Special Forces support to operations in Uruzgan province.

Source: http://www.defence.gov.au/op/afghanistan/info/factsheet.htm

Torture in Afghanistan: following the master

Image from wikipedia

The UN report (2013), titled “Treatment of Conflict-Related Detainees in Afghan Custody,” offered a grim tour of Afghanistan’s detention facilities, where even adolescents have reported abuse like beatings with hoses and pipes and threats of sodomy.

In the case of the intelligence service, the United Nations reported a lower incidence of torture. But it was not clear whether that finding reflected improved behavior as much as it did a decrease in the number of detainees handed over to the intelligence service by the international military coalition. And some detainees have alluded to new secret interrogation centers.

The Afghan government rejected the report’s specific allegations but said that there were some abuses, and that it had taken numerous steps to improve the treatment of detainees. The government gave United Nations officials access to those held in all but one detention facility.Among the questions raised by the report is whether the pervasiveness of torture will make it difficult for the American military to hand over those being held in the Parwan Detention Facility, also known as Bagram Prison, as required under the agreement reached last week in Washington between President Obama and President Hamid Karzai of Afghanistan.  The United Nations did not look at the Parwan Detention Facility, in part because it is not yet wholly under Afghan control….

After a United Nations report on torture in 2011, the international coalition suspended transfers of battlefield detainees to 16 Afghan detention sites. ISAF resumed transfers to most of those centers after certifying that they were complying with human rights protocols. Then, in October 2012, the coalition received new reports of torture and abuse and halted some of the transfers that it had restarted only months before, the United Nations report said. The United Nations has briefed ISAF at several points in the course of its research, which included interviews with more than 600 detainees as well as employees of the Afghan intelligence service, the Afghan police, judges and prosecutors….The Afghan government’s 20-page response, which is included in the United Nations report, rejected all specific allegations, including “beating with rubber pipes or water pipes, forced confession, suspension, twisting of the detainees’ penises and wrenching of the detainees’ testicles, death threats, sexual abuse and child abuse.”

ALISSA J. RUBIN, Anti-Torture Efforts in Afghanistan Failed, U.N. Says, NY Times, Jan. 20, 2012

See also Convention against Torture

 

CIA Torture Program: the case of El-Masri

torture instruments 1729

Nearly a decade after a German man claimed he was snatched off the street, held in secret and tortured as part of the CIA’s extraordinary rendition program — all due to a case of mistaken identity — a panel of international judges said today what Khaled El-Masri has been waiting to hear since 2004: We believe you.  The European Court of Human Rights (ECHR) handed down a unanimous verdict siding with El-Masri (pdf of verdict) in his case against the government of Macedonia, which he claimed first played an integral role in his illegal detention and then ignored his pleas to investigate the traumatic ordeal. For his troubles, the ECHR ordered the government of Macedonia to pay El-Masri 60,000 Euros in damages, about $80,000.

“There’s no question 60,000 Euros does not begin to provide compensation for the harm he has suffered,” James Goldston, executive director of the Open Society Justice Initiative, which is representing El-Masri, told ABC News today. “That said… for Mr. El-Masri, the most important thing that he was hoping for was to have the European court officially acknowledge what he did and say that what he’s been claiming is in fact true and it was in fact a breach of the law… It’s an extraordinary ruling.”

El-Masri’s dramatic story, as detailed in various court and government documents, began in late 2003 when he was snatched off a bus at a border crossing in Macedonia. Plainclothes Macedonian police officers brought him to a hotel in the capital city of Skopje and held him there under guard for 23 days. In the hotel he was interrogated repeatedly and told to admit he was a member of al Qaeda, according to an account provided by the Open Society Justice Initiative.

The German was then blindfolded and taken to an airport where he said he was met by men he believed to be a secret CIA rendition team. In its ruling today, the EHRC recounted how the CIA men allegedly beat and sodomized El-Masri in an airport facility, treatment that the court said “amounted to torture.” The CIA declined to comment for this report.  El-Masri was then put on a plane and claims that the next thing he knew, he was in Afghanistan, where he would stay for four months under what his lawyers called “inhuman and degrading” conditions.  According to the Initiative, it wasn’t until May 28, 2004 that El-Masri was suddenly removed from his cell, put on another plane and flown to a military base in Albania. “On arrival he was driven in a car for several hours and then let out and told not to look back,” the group says on its website. Albanian authorities soon picked El-Masri up and took him to an airport where he flew back to Frankfurt, Germany.  According to El-Masri’s lawyers, the CIA had finally realized they accidentally picked up the wrong man.

In their decision today, the ECHR said El-Masri’s account was established “beyond reasonable doubt,” in part based on the findings of previous investigations into flight logs and forensic evidence.  Before the EHRC, El-Masri and his supporters had tried to bring his case to trial in several courts, including in the U.S. in 2005. There, the American Civil Liberties Union filed a suit on behalf of El-Masri against George Tenet, then director of the CIA, but the case was dismissed in 2006 after the U.S. government claimed hearing it would jeopardize “state secrets.” The U.S. Supreme Court declined to review the case in 2007.The same year, a German prosecutor issued an arrest warrant for 13 CIA agents for their alleged role, according to the New York Times, but the agents were never arrested.

In addition to the money Macedonia has been ordered to pay El-Masri, the Open Society Justice Initiative is calling on Macedonia, the U.S. and Germany to offer official apologies to El-Masri and for Germany to ask the U.S. to hand over the officers allegedly involved in the kidnapping so they may see trial.  Goldston said he hoped the ECHR’s ruling could open the door to further investigations into the CIA’s controversial rendition program and “all these kinds of cases where allegations of abuse arise from counter-terrorism practices.”

LEE FERRAN. Court: CIA Tortured German During Botched Rendition, ABC News, Dec. 13, 2012

Shut up: torture techniques in clandestine prisons

The al Qaeda suspects who were subjected to so-called harsh interrogation techniques, and the lawyers charged with defending them at the Guantanamo Bay military tribunals, are not allowed to talk about the treatment they consider torture.  Defense attorneys say that and other Kafkaesque legal restrictions on what they can discuss with their clients and raise in the courtroom undermine their ability to mount a proper defense on charges that could lead to the death penalty.  Those restrictions will be the focus of a pretrial hearing that convenes this week.  Prosecutors say every utterance of the alleged al Qaeda murderers, and what their lawyers in turn pass on to the court, must be strictly monitored precisely because of the defendants’ intimate personal knowledge of highly classified CIA interrogation methods they endured in the agency’s clandestine overseas prisons.  Defense attorneys called that view extreme.  “Everything is presumptively top secret. So if my client had a tuna fish sandwich for lunch, I couldn’t tell you that,” Cheryl Bormann, who represents defendant Walid bin Attash, said after the May arraignment of the men charged with plotting the 9/11 attacks on the World Trade Center.  At one point in the arraignment, another of bin Attash’s attorneys, Air Force Captain Michael Schwartz, was explaining why his client refused to cooperate. Just when things got interesting, a security officer cut the audio feed to the media and others observing the proceedings from behind a soundproof glass wall with a 40-second audio delay.  “The reason for that is the torture that my client was subjected to by the men and women wearing the big-boy pants down at the CIA, it makes it impossible …,” Schwartz said during the blocked portion of the arraignment, according to a partial transcript later declassified.  Prosecutors have said in court filings that any revelations about the defendants’ interrogations could cause “exceptionally grave damage.”

Civil libertarians argue that if those interrogation methods really are top secret, then the CIA had no business revealing them to al Qaeda suspects.  Defense attorneys will challenge the secrecy rules at the pretrial hearing that begins on Wednesday at the Guantanamo Bay U.S. Naval Base.  Prosecutors have about 75,000 pages of evidence to turn over to defense attorneys in the 9/11 case, but they won’t do it until the judge, Army Colonel James Pohl, issues protective orders aimed at safeguarding the material.

Hundreds of men suspected of supporting al Qaeda or the Taliban were rounded up in Afghanistan, Pakistan and elsewhere and shipped to Guantanamo in response to the September 11 attacks. (Of the 779 men who have been held at Guantanamo since the prison operation began in 2002, 168 remain.)  The CIA took custody of the “high-value” captives believed to have top-level information that could help the U.S. and its allies prevent further attacks.  It held them incommunicado for three or four years and transferred them among secret overseas prisons, questioning them with interrogation methods that defense attorneys say amounted to torture and which the Obama administration has since banned.  Some details of the program, including waterboarding, mock executions and sleep deprivation, have already been disclosed by Bush and the CIA itself. Jose Rodriguez, a former CIA official, recently defended them in news interviews to promote his book, “Hard Measures: How Aggressive CIA Action After 9/11 Saved American Lives.”

Yet in both the 9/11 case and that of Abd al Rahim al Nashiri, who is accused of sending suicide bombers to ram a boat full of explosives into the side of the USS Cole off Yemen in 2000, the government presumes that every word spoken by the defendants, in the past and in the future, is classified at the highest level — “Top Secret,” with a “Sensitive Compartmented Information,” which is routinely shortened to TS/SCI.  The defendants’ words are also “born classified,” a status their lawyers said has previously been used only to safeguard details about nuclear weapons. So are all documents and legal motions related to their cases, which cannot be made public unless they’re cleared by a Department of Defense Security Classification Review team.  How that team works is a secret.  “I’ve never seen them. I’ve never communicated (with them). No one has ever been able to tell me that,” said James Connell, a lawyer for 9/11 defendant Ali Abdul Aziz Ali.  The Pentagon would say only that the review team includes both civilians and uniformed military personnel and that it can take up to 15 business days to make its decisions.

Proscribed topics include details of the defendants’ capture, where they were held and under what conditions, the names and descriptions of anyone who transferred, detained or interrogated them and the methods used to get information from them, according to the court documents.

Defense lawyers say the classification system used at Guantanamo violates President Barack Obama’s 2009 order that prohibits using secrecy labels to conceal lawbreaking or prevent political embarrassment. They say it also “eviscerates” the legal defense protections Congress set down in the law that authorizes the Guantanamo tribunals.  The government’s secrecy rules mean that every lawyer, paralegal and expert on the prosecution and defense teams must undergo an extensive background check and obtain a TS/SCI clearance. Once they get clearance, they are briefed on what has to stay secret. The document that forms the basis of the presumptive classification is itself secret.  “It is ridiculous,” said Army Captain Jason Wright, one of the lawyers for accused 9/11 mastermind Khalid Sheikh Mohammed. “The briefing is classified, so I can’t discuss what I can and cannot discuss.”

Mohammed’s lawyers have asked the UN special rapporteur for torture, Juan E. Mendez, to investigate claims that their client was tortured. But they could only share with Mendez the information that has been publicly declassified.  “We are prohibited from sharing any details of his mistreatment, even to the special rapporteur,” Wright said.

The American Civil Liberties Union has filed a challenge arguing that the government has no legal authority to classify information that it not only disclosed to the defendants but forced them to learn.  “The question here is: Can the government subject people to torture and abuse and then prevent them from talking about it?” said Hina Shamsi, director of the ACLU’s National Security Project.  The ACLU said the claim of broad authority to gag defendants infringes on the American public’s right to open trials and goes far beyond what the courts have allowed, namely that censorship must be narrowly tailored and aimed at protecting a compelling government interest.

Excerpt, Jane Sutton and Josh Meyer, Insight: At Guantanamo tribunals, don’t mention the “T” word, Reuters, Aug. 20, 2012

Ongoing Violations of Human Rights:how to use Google to suppress freedom

Facebook and other social media services have created opportunities for dissidents and revolutionaries to organise and voice their opposition. But those in power have discovered that they, too, can use the internet, in their case to stifle freedom of speech. The dream of all dictators is to know as much about you as Google does, says Jacob Mchangama, a Danish human-rights lawyer.

Authoritarian states have also learned how to use the language of human rights to legitimise their oppressive tactics, for instance by claiming to defend religious groups. But their tools of abuse—violence, torture and censorship—remain depressingly familiar. The grand tradition of making opponents “disappear,” perfected by the military dictatorship in Argentina in the 1970s, is still flourishing today. In Bahrain doctors and nurses who treated protesters injured by security forces have vanished. Also in Bahrain, Abdulhadi al-Khawaja, the former head of the Centre for Human Rights and a fierce critic of the regime, was seized by armed men in the middle of the night. A month later he reappeared, tortured and is now facing trial.

Post-revolutionary leaders can find it all too easy to slip into the abusive habits of their predecessors. In Oslo Lina Ben Mhenni, a Tunisian blogger, talked of her fear that the transitional government will use the methods of the ousted regime of Zine el-Abidine Ben Ali. When fresh demonstrations broke out in Tunisia in early May, police used tear gas and live ammunition. Journalists were beaten and had their equipment seized.

Nor do governments have a monopoly on violence. From Jamaica to South Africa, gays and lesbians continue to be the victims of vicious intolerance. Lesbians are raped in an effort to “correct” their sexuality. At the Oslo conference the Jamaica Forum for Lesbians, All-Sexuals and Gays, the first group of its kind on the Caribbean island, said it was remarkable that only one of its founders had been murdered in the past decade, such is the violence typically directed at its people.

Yet there was also brighter news in Oslo. As those in power become more inventive in their clampdowns, so do their opponents. Some have started to help victims make their experiences public. In Malawi children who have been raped or forced into marriage are encouraged to write letters to Radio Timweni, a national news programme, which then interviews them. In the age of Facebook and Google, the truth remains the most powerful weapon of all.

Excerpt, Human-rights abuses: Nothing new under the sun, Economist, May 14, 2011, at 76